SENATE BILL REPORT

                   SB 6751

              As Reported By Senate Committee On:

           Health & Long-Term Care, February 6, 1998

Title:  An act relating to stabilizing long‑term care for persons with developmental disabilities living in the community and in residential habilitation centers.

Brief Description:  Ensuring a choice of service and residential options for citizens with developmental disabilities.

Sponsors:  Senators Deccio, Wojahn, Wood, Franklin, Benton, Thibaudeau, Oke and Winsley.

Brief History:

Committee Activity:  Health & Long‑Term Care:  2/5/98, 2/6/98 [DPS].

SENATE COMMITTEE ON HEALTH & LONG-TERM CARE

Majority Report:  That Substitute Senate Bill No. 6751 be substituted therefor, and the substitute bill do pass.

  Signed by Senators Deccio, Chair; Wood, Vice Chair; Benton, Fairley, Franklin, Strannigan and Wojahn.

Staff:  Rhoda Jones (786-7198)

Background:  Under Title 71A RCW, the Department of Social and Health Services (DSHS) contracts for community residential programs for persons with developmental disabilities, as well as employment and day programs, Medicaid personal care, and family support or respite care, and other services.

Five residential habilitation centers (RHC) provide services to persons with developmental disabilities according to RCW 71A.20.020.  Currently, there are approximately 1230 residents in RHCs.

For many years, a conflict has existed between advocates for community-based services and advocates for state-operated residential centers.  In 1997, representatives from DSHS and a group of 19 stakeholders met throughout the year to try and reach an agreement over the direction the department should take in providing services to people with developmental disabilities. An agreement in principle was reached at the end of the year, which stated that people with developmental disabilities and their families should have a full spectrum of choices in deciding what services they should receive.  

Summary of Substitute Bill:  The Legislature affirms the commitment to secure for all persons with developmental disabilities the opportunity to choose where they live.  This choice should include both community services and residential habilitation centers.  The choice must be supported by state policy and allow, as much as possible, for people to stay in their own homes or communities.

Persons with developmental disabilities will be offered entrance into a residential habilitation center or a community support service, should a vacancy occur.  If a person assessed by the department is determined to have assessed needs which require the funded level of resources provided by a residential habilitation center, that person will be offered admittance.

All applicants for developmental disabilities services must be given notice of the existence and availability of residential habilitation centers and community residential support services. Available options must be clearly explained, with services customized to fit the unique needs and circumstances of the DD clients and their families.

Until June 30, 2003, the capacity of community residential support services and residential habilitation center services must not be reduced below the number of persons budgeted in each of these services in the 1997-99 Appropriations Act, except as reductions are necessary to adhere to an agreement with the federal Department of Justice regarding Fircrest School, and subject to budget direction from the Governor.

If this capacity is not needed for current clients of the department, any vacancies that may occur in community residential support services or residential habilitation center services  are used to expand services to eligible developmentally disabled persons not now receiving services. If there is a vacancy in a residential habilitation center, it must be made available to any eligible person who is seeking and desires the services of an RHC.  If RHC capacity is not needed for permanent residents, vacancies are used for respite care or other services for eligible DD clients.

The Department of Social and Health Services must develop an outreach program to ensure that anyone who may need developmental disabilities services, at home, in the community or in residential habilitation centers, will be made aware of these services.

The department, with the participation of the developmental disabilities stakeholders work group (established in 1997) will conduct an assessment of all persons with developmental disabilities who are eligible for services.  The analysis will include a broad look at all services, and will result in a long-term strategic plan for the department.

The plan will provide phased-in data collection and analysis on programs, services and funding for the developmentally disabled.  The plan will also include budget and statutory recommendations intended to secure choice for all persons with developmental disabilities.

The department is directed to offer community residential support services to individuals with developmental disabilities whose condition seriously endangers the health or safety of themselves, their family, or their caregiver, if those individuals are offered admission to a residential habitation center.

Substitute Bill Compared to Original Bill:  The original bill required that the capacity of residential habilitation centers remain at least at the current funded levels for an indefinite period of time.  The substitute terminates this requirement in the year 2003.

The original bill made no provision for community placement for people with developmental disabilities whose condition poses a danger to themselves or their caregivers.  The substitute requires they be offered a community placement if they are offered a bed in a residential habilitation center.

The original bill did not require that data on services, needs and funding sources for people with developmental disabilities be gathered, and analyzed, or that a long-term plan be developed.  There was no mention of a stakeholder group involvement in long-range planning for developmental disabilities.

The original bill repealed RCW 71A.10.011.  The substitute bill does not.

Appropriation:  None.

Fiscal Note:  Requested on February 4, 1998.

Effective Date:  The bill contains an emergency clause and takes effect immediately.

Testimony For:  People with developmental disabilities should have a choice of where they live and this bill stresses choice.  Pro-community and pro-RHC groups have been fighting for too long.  This bill sets a direction for the department to take which will allow it to truly respond to the needs of the developmentally disabled people in the state.

Concerns:  We want to make sure that the language in RCW 71A.10.011 is not repealed.

Testimony Against:  None.

Testified: Jeff Larsen, United Cerebral Palsy of King/Snohomish Counties (pro); Greg Devereux, Washington Federation of State Employees; PRO w/Amendments:  Stephen Start, CRRSA; Dave Wood, Action for RCHs; Janet Adams, ARC; Robert Wardell, People First of Washington.